2008/01/08 City Council Resolution 2008-07RESOLUTION NO. 2008 -07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVNG AN AFFORDABLE HOUSING COVENANT BETWEEN
THE CITY OF ROHNERT PARK AND JEREMIAH F. O'SULLIVAN AND SHEILA M.
O'SULLIVAN, AS TRUSTEES OF THE O'SULLIVAN REVOCABLE TRUST OF 2002,
AND AIDAN O'SULLIVAN AND MAUREEN HEALY, AS TRUSTEES OF THE
O'SULLIVAN/HEALY REVOCABLE TRUST OF 2005 FOR THE
PARK GARDENS II PROJECT
WHEREAS, the City's Inclusionary Housing Ordinance requires that all new rental
residential projects reserve a minimum of 15 percent of the units for low- and very low - income
households;
WHEREAS, the Park Gardens II Project ( "Project ") was approved in 2003 to allow up to
20 units on property located at 1400 East Cotati Avenue (PL2003- 047SR);
WHEREAS, Condition #4 of the Project's approval requires that at least twelve (12) of
the units be reserved for sale to low- and moderate - income households for a minimum period of
30 years;
WHEREAS, Condition 43 of the Project's resolution of approval further states that an
affordable housing agreement shall be prepared to indicate the standards for maximum qualifying
household incomes and maximum rental rates for the affordable units, the party responsible for
verifying incomes, how vacancies will be marketed and filled, restrictions binding on the
property upon sale or transfer, maintenance provisions, and any other information required by the
City to comply with the conditions of approval for this project;
WHEREAS, Staff has prepared an Affordable Housing Covenant between the City of
Rohnert Park and Jeremiah F. O'Sullivan and Sheila M. O'Sullivan, as Trustees of the O'Sullivan
Revocable Trust of 2002, and Aidan O'Sullivan and Maureen Healy, as Trustees of the
O'Sullivan/Healy Revocable Trust of 2005 for the Park Gardens II Project;
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Staff Report and all relevant materials regarding the Affordable
Housing Covenant between the City of Rohnert Park and Jeremiah F. O'Sullivan and Sheila M.
O'Sullivan, as Trustees of.the O'Sullivan Revocable Trust of 2002, and Aidan O'Sullivan and
Maureen Healy, as Trustees of the O'Sullivan/Healy Revocable Trust of 2005 for the Park
Gardens II Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an Affordable Housing Covenant between the
City of Rohnert Park and Jeremiah F. O'Sullivan and Sheila M. O'Sullivan, as Trustees of the
O'Sullivan Revocable Trust of 2002, and Aidan O'Sullivan and Maureen Healy, as Trustees of
the O'Sullivan/Healy Revocable Trust of 2005 for the Park Gardens II Project.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Agreement, negotiate future changes necessary to the Agreement, and execute any
future Amendments necessitated by those changes for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this date of January 8, 2008.
CITY OF ROHNERT PARK
Mayor
ATTEST-
r
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rohnert Park
Planning Department
6750 Commerce Boulevard
Rohnert Park, CA 94928 -2486
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
AFFORDABLE ROUSING COVENANT INCLUDING DEED
AND PRE - COMPLETION TRANSFER RESTRICTIONS
This Affordable Housing Covenant Including Deed And Pre - Completion Transfer
Restrictions ( "Covenant ") is entered into as of this day of 72008,
by and between the City Of Rohnert Park, a municipal corporation ( "City "), and Jeremiah F.
O'Sullivan and Sheila M. O'Sullivan, as Trustees of the O'Sullivan Revocable Trust of 2002, and
Aidan O'Sullivan and Maureen Healy, as Trustees of the O'Sullivan/Healy Revocable Trust of
2005 (collectively, "Developer ").
Recitals
A.. Developer is the owner of that certain real property located at 1400 East Cotati
Avenue, in the City of Rohnert Park, County of Sonoma, more particularly described in
Exhibit A attached hereto ( "Site "). The Site has been previously developed with residential
units. Developer is constructing an approximately 20 unit apartment project ( "Project ") on the
Site, which development is being constructed in accordance with City of Rohliert Park Planning
Commission Resolution No. 2003 -46 ( "Resolution ").
B. City imposed certain conditions of approval on the Project. Condition of
Approval No. 3, set forth in the Resolution, requires that Developer provide a total of three (3)
affordable units in the Project. At least two (2) of those units must be affordable to low- income
households and one (1) unit in the Project affordable to a very-low income household (each, an
"Affordable Unit "). Section 1.2 below sets forth the specific affordability levels and identifies
the location of the Affordable Units.
C. Developer and City desire to set forth in a recorded document Developer's
obligations to provide the Affordable Units.
Terms
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein, City and Developer agree as follows:
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1. Use of the Site.
Developer hereby covenants and agrees that during the Term set forth in Section 6,
Developer shall use and operate, and insure that the Site is used and operated, in.compliance with
all of the following:
1. 1. Development. Developer is in the final stages of constructing the Project on the
Site, including the Affordable Units. The Affordable Units shall be dispersed throughout the
Project. City and Developer have agreed upon the initial mix and location of the Affordable
Units within the Project. The Affordable Units shall not be identifiable from the exterior or the
interior, and shall be interchangeable with other units in the Project. Affordable Units and other
units in the Project shall be identical in quality, design and materials.
1.2. Rent and Income Restrictions.
(a) . One (1) of the Affordable Units shall be rent - restricted and occupied by a
very-low income household, as defined in California Health and Safety Code section 50105.
Rent shall be no greater than that considered as "affordable rent" for very-low income
households pursuant to California Health and Safety Code section 50053, as amended, or any
successor statute thereto.
(b) Two (2) of the Affordable Units shall be rent - restricted and occupied by
low - income households, as defined in California Health and Safety Code section 50079.5. Rent
shall be no greater than that considered as "affordable rent" for low - income households pursuant
to California Health and Safety Code section 50053, as amended, or any successor statute thereto.
(c) The maximum size of a household occupying an Affordable Unit shall be
the number of bedrooms in the Affordable Unit plus one. However, no less than one person per
bedroom shall be allowed.
(d) Developer shall not rent an Affordable Unit to a prospective tenant unless
and until Developer certifies the tenant for compliance with the requirements of this section.
(e) Developer shall use good faith diligent efforts to effectively market the
Site in order to ensure that occupancy of the Affordable Units is continuous, subject only to brief
periods of vacancy as reasonable to maintain and affirmatively market the Affordable Units
between periods of tenancy.
1.3. Leasing Program. To the extent permitted by law, Developer shall design a
leasing program that gives preference in the rental of Affordable Units to persons and households
who meet the following criteria, which are listed in order of priority: (1) persons who live and
work in Rohnert Park; (2) persons who live in Rohnert Park; (3) persons who work in Rohnert
Park; and (4) all others. All prospective tenants must still meet the income restrictions described
above in Section 1.2.
1.4. Reporting Requirements. Annual reports must be submitted to City by July 31st
each year, commencing after the first anniversary of the date of completion of construction of the
Project. The reports, at a minimum., shall include:
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(a) The number of persons per Affordable Unit
(b) Tenant's name and Affordable Unit occupied
(c) Initial occupancy date
(d) Rent paid per month
(e) Gross income per year and income category
(f) Percent of rent paid in relation to income
(g) Sources of income
(h) Method of verification of income
(i) Address prior to moving into the Project
0) Tenant's place of employment
(k) Address of Affordable Unit and unit type
(1) Status of program including any problems experienced during the
reporting period
Annual reports shall be accompanied by copies of the documents used in report
preparation. City may from time to time during the Term request additional or different
information and Developer shall promptly supply such information in the reports required
hereunder. City, at its discretion, may designate the form in which the information shall be
supplied to City. Upon request for examination by City, Developer shall make available at any
time during normal business hours, at the Project or another location within City of Rohnert Park,
all of Developer's records with respect to all matters covered by this Covenant. Developer shall
permit City to audit, examine and make excerpts or transcripts from these records.
1.5. Marketing Reports. Within ten (10) days of City's request, Developer shall
deliver to City marketing and leasing information, schedules, and reports for the Affordable
Units in form and substance reasonably acceptable to City.
1.6. Restrictions on Rental. Developer shall not rent an Affordable Unit to any of the
following:
(a) Any officer, shareholder or employee of Developer or any Family
Member of any officer, shareholder or employee of Developer. Notwithstanding the foregoing,
Developer may rent an Affordable Unit to an employee of Developer or a Family Member of
such employee provided that such person (a) is not an officer or shareholder of Developer or a
Family Member of an officer or shareholder of Developer, (b) does not receive special
preference in the rental of any Affordable Unit over other prospective tenants, and (c) otherwise
qualifies as a tenant under this Covenant. In this subsection 1.6, "Family Member" shall mean
the spouse or child of the individual at issue or the individual's or his or her spouse's parent,
grandparent, brother, sister, aunt, uncle, niece or nephew.
(b) Any member of the Rohnert Park City Council or any member of any City
Board or Commission.
(c) Any City employee who exercises any function or responsibility in
connection with the Site or who has, or whose Family Member (defined above) has, an economic
interest in the Site pursuant to the provisions of the Political Reform Act, Government Code
10613450B 80078/0022
section 87100, et seq. Developer may obtain and rely on a written certification from prospective
tenants (under penalty of perjury) to that effect.
2. Restrictions on Transfer.
2.1. Before Issuance of Certificate of Occupancy.
(a) Before issuance of the Certificate of Occupancy for the Project, no
voluntary or involuntary successor in interest of Developer shall acquire all or any portion of
Developer's interest in the Site except as expressly set forth herein, and Developer shall not
assign, sell, transfer or otherwise dispose of (whether voluntarily, involuntarily, or by operation
of law) ( "Transfer ") the Site, or any portion(s) thereof, or interest(s) therein (individually and
collectively, "Interest ") without the prior written approval of the City Manager, or his or her
designee, which approval shall not be unreasonably withheld or delayed, and shall be granted
upon City's receipt of evidence acceptable to City that the conditions set forth below have been
satisfied.
(1) Developer is not in default hereunder or the purchaser or assignee
agrees to cure any defaults of Developer to the reasonable satisfaction of City;
(2) The continued operation of the Project shall comply with the
provisions of this Covenant;
(3) Either (i) the purchaser or assignee or its site manager has at least
three (3) years of experience in the ownership, operation and management of similar size rental
housing projects, and at.least one (1) year of experience in the ownership, operation and
management of rental housing projects containing below- market -rate units, without any record of
material violations of discrimination restrictions or other state or federal laws or regulations or
local governmental requirements applicable to such projects, or (ii) the purchaser or assignee
agrees to retain a site management firm with the experience and record described in subclause (i)
above, or (iii) Developer or its management company will continue to manage the Project for at
least one (1) year following such transfer and during such period will provide training to the
transferee and its manager in the responsibilities relating to the Affordable Units;
(4) The person or entity which is to acquire the Project does not have
pending against it, and does not have a history of, significant and material building code
violations or complaints concerning the maintenance, upkeep; operation and regulatory
agreement compliance of any of its projects as identified by any local, state or federal regulatory
agencies; and
(5) The proposed purchaser or assignee enters into a written
assignment and assumption agreement in form and content reasonably satisfactory to City's legal
counsel, and, if requested by City, an opinion of such purchaser or assignee's counsel to the
effect that this Covenant is a valid, binding and enforceable obligations of such purchaser or
assignee, subject to bankruptcy and other standard limitations affecting creditor's rights.
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(b) It is hereby expressly stipulated and agreed that Transfer of any Interest in
violation of this Section 2.1 shall be null, void and without effect and shall be ineffective to
relieve Developer of its obligations under this Covenant.
2.2. Notwithstanding any other provision. of this Covenant to the contrary, City
approval of Transfer of Developer's Interest in the Site shall not be required in connection with
any of the following
(a) The granting of permits to facilitate development of the Project; and
(b) The rental, in the ordinary course of business, of the Affordable Units
within the Project, provided such rental shall be in accordance with the terms of this Covenant.
2.3. , With Compliance or After Issuance of Certificate of OccupancX. Upon any
Transfer of an Interest that complies with the requirements of this Section 2, or which occurs
after the Certificate of Occupancy for the Project has been issued, Developer shall be fully
released from its obligations hereunder to the extent such obligations have been fully assumed in
writing by the transferee of Developer's interest in the Site pursuant to an assignment and
assumption agreement in a form reasonably acceptable to City's legal counsel and evidence that
the transferee or transferee's property manager meets the qualifications set forth in Section 2.1(3).
No later than the date the assignment becomes effective, Developer shall deliver to City a fully
executed counterpart of the assignment-and assumption agreement. Developer shall request
approval by written notice at least sixty (60) days prior to any proposed Transfer of any Interest.
3. No Discrimination.
Developer herein covenants by and for itself, or its heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955,
and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall Developer or any
person claiming under or through it, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees, or vendees in the Site or Project. The foregoing
covenants shall run with the land.
4. Maintenance and Management.
Developer shall maintain in accordance with the Maintenance Standards (as hereinafter
defined) the Project together with any and all private improvements and public improvements
and landscaping (collectively, "Improvements ") to the property line of the Site. The
Improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting,
landscaping, irrigation of landscaping, architectural elements identifying the Project and any and
all other improvements on the Site and in the public right -of -way to the property line of the Site.
Developer shall either staff, or contract with and hire, licensed and qualified personnel to
perform the maintenance work, including the provision of labor, equipment, materials, support
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10613450B 80078/0022
facilities, and any and all other items necessary to comply with the requirements of this Covenant.
The maintenance covenants and obligations set forth in this Section 4 shall remain in effect for
the period of time specified in Section 6 below.
4.1. Maintenance Standards. Developer and its maintenance staff, contractors and
subcontractors shall comply with the following standards (collectively, "Maintenance
Standards ").
(a) Landscape maintenance shall include: watering/irrigation; fertilization;
mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and
shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and
irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all
planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(b) Clean-up maintenance shall include: maintenance of all sidewalks, paths
and other paved areas in clean and weed -free condition; maintenance of all such areas clear of
dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter
and other debris from improvements and landscaping prior to mowing; clearance and cleaning of
all areas maintained prior to the end of the day on which the maintenance operations are
performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by
maintenance workers.
(c) All maintenance work shall conform to all applicable federal and state
Occupation Safety and Health Act standards and regulations for the performance of maintenance.
(d) Any and all chemicals, unhealthful substances, and pesticides used in and
during maintenance shall be applied in strict accordance with all governmental requirements.
Precautionary measures shall be employed recognizing that all areas are open to public access.
(e) The Improvements shall be maintained in conformance with the custom
and practice generally applicable to comparable apartment rental projects located within Sonoma
County, California. The public right -of -way improvements to the property line of the Site shall
be maintained as required by this Section 4.1 in good condition and in accordance with the
custom and practice generally applicable to public rights -of -way within City of Rohnert Park.
Such Maintenance Standards shall not be construed to require extraordinary expenditures
or reconstruction after condemnation or the occurrence of a substantial casualty event.
4.2. Failure to Maintain.
(a) If Developer does not maintain the Improvements on the Site to the
property line of the Site in the manner set forth herein and in accordance with the Maintenance
Standards, City shall have the right to maintain such private and/or public improvements, or to
contract for the correction of such deficiencies, after written notice to Developer. However,
prior to taking any such action, City agrees to notify Developer in writing if the condition of said
Improvements does not conform to the Maintenance Standards and to specify the deficiencies
and the actions required to be taken by Developer to cure the deficiencies. Upon notification of
any maintenance deficiency, Developer shall have thirty (30) days within which to correct,
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10613450B 80078/0022
remedy or cure the deficiency. If the written notification states that the problem is urgent and
relates to the public health and safety, then Developer shall Have twenty four (24) hours to
rectify the problem.
(b) In the event Developer fails to correct, remedy, or cure, or has not.
commenced correcting, remedying or curing, such maintenance deficiency after notification and
after expiration of any applicable cure period, then City shall have the right to maintain such
Improvements. Developer agrees to pay City upon demand all charges and costs incurred by
City for such maintenance. Developer acknowledges and agrees that City may pursue any and
all remedies available at law or in equity in the event of a breach of the maintenance obligations
and covenants set forth herein.
5. No Impairment of Lien.
No violation or breach of the covenants, conditions, restrictions, provisions or limitations
contained in this Covenant shall defeat or render invalid or in any way impair the lien or charge
of any mortgage, deed of trust or other financing or security instrument; provided, however, that
any successor of Developer to the Site shall be bound by such covenants, conditions, restrictions,
limitations and provisions, whether such successor's title was acquired by foreclosure, deed in
lieu of foreclosure, trustee's sale or otherwise.
6. Duration.
The covenants set forth herein shall remain in effect for thirty (30) years from the date
this Covenant is recorded ( "Term ").
7. Successors and Assigns.
The covenants contained in this Covenant shall inure to the benefit of City and its
successors and assigns and shall be binding upon Developer and any successor in interest to
Developer's interest in the Site or the Project or any part thereof. The covenants shall run in
favor of City and its successors and assigns for the entire period during which such covenants
shall be in force and effect, without regard to whether City is or remains an owner of any land or
interest therein to which such covenants relate. City and its successors and assigns, in the event
of any breach of any such covenants, shall have the right to exercise all of the rights and
remedies, and to maintain any actions at law or suits in equity or other proper proceedings to
enforce the curing of such breach.
8. Default.
8.1. Any failure by Developer to perform any term or provision of this Covenant shall
constitute an "Event of Default" if Developer does not cure such failure within thirty (30) days
following written notice of default from City or, if such failure is not of a nature which can be
cured within such thirty (30) day period, Developer does not within such thirty (30) day period
commence substantial efforts to cure such failure, or thereafter does not within a reasonable time
prosecute to completion with diligence and continuity the curing of such failure. Upon the
occurrence of an Event of Default, City shall be entitled to the following, in addition to all other
remedies provided at law or in equity:
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10613450B 80078/0022
(a) To compel specific performance by Developer of its obligations under this
Covenant, it being recognized that the beneficiaries of Developer's obligations hereunder cannot
be adequately compensated by monetary damages in the event of Developer's default.
(b) To the extent permissible under laws and regulations protecting individual
confidentiality, to have access to, to inspect, and to make copies and to audit all books and
records of Developer pertaining to the Affordable Housing aspects of the Project, including but
not limited to the Affordable Units.
(c) To conduct an evaluation of, and direct Developer with respect to, the
management and operation of the Project. The expenses of City, including for any consultants
associated with such evaluation and direction shall be reimbursed by Developer.
8.2. Any notice of default given hereunder shall specify in detail the nature of the
failure in performance which City claims constitutes the Event of Default and the manner in
which such Event of Default may be satisfactorily cured in accordance with the terms and
conditions of this Covenant. During the time periods herein specified for cure'of a failure to
perform, Developer shall not be considered to be in default of this Covenant for any purposes.
8.3. Any failure or delay by City in asserting any of its rights or remedies as to any
Event of -Default shall not operate as a waiver of any Event of Default or of any such rights or
remedies, or deprive City of its right to institute and maintain any actions or proceedings which it
may deem necessary to protect, assert or enforce any such rights or remedies.
9. Notices.
All notices required herein shall be sent by certified mail, return receipt requested and
shall be effective as of the date received or the date delivery was refused as indicated on the
return receipt as follows:
To Developer:
PO Box 129
San Geronimo, CA 94963
and
10613450B 80078/0022
To City:
City of Rohnert Park
Planning Department
6750 Commerce Boulevard
Rohnert Park, CA 94928
10. Severability.
In the event that any limitation, condition, restriction, covenant or provision in this
Covenant is held to be invalid, void or unenforceable by any court of competent jurisdiction, the
remaining portions of this Covenant shall, nevertheless, be and remain in full force and effect.
11. Entire Agreement.
This Covenant constitutes the entire agreement between the parties and no modification
hereof shall be binding unless reduced to writing and signed by the parties hereto.
12. Applicable Law.
This Covenant shall be governed by the laws of the State of California.
13. Joint and Several.
The obligation of all persons, entities, or trusts shall be joint and several.
IN WITNESS WHEREOF, City and Developer have caused this Covenant to be executed
on their behalf by their respective officers thereunto duly authorized.
[signatures on next page]
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1061345v1B 80078/0022
11cit,,,
CITY OF ROHNERT PARK,
a municipal corporation
0
Steve Donley, City Manager
(Signature must be notarized)
"Developer"
By: The O'Sullivan Revocable Trust of 2002
Jeremiah F. O'Sullivan, as Trustee of the
O'Sullivan Revocable Trust of 2002
A
s
heila M. O'Sullivan, as Trustee of the
O'Sullivan Revocable Trust of 2002
Attest:
Judy Hauff, City Clerk
Approved as to form:
City Attorney
By: The O'Sullivan/Healy Revocable Trust of 2005
Aidan O'Sullivan, as Trustee of the
O'Sullivan/Healy Revoca e Trust of 2005.
6 aureen Healy, as Trustee o the
O'Sullivan/Healy Revocab st of 2005
10
1061345v1B 80078/0022
(Signature must be notarized)
(Signature must be notarized)
(Signature must be notarized)
(Signature must be notarized)
Legal Description of the Site
All that certain real property in the City of Rohnert.Park,
County of Sonoma,, State of California, more particularly
described as follows:
Lot 2' as shown upon the map entitled City of Rohnert Park,
Parcel Map No.. 17, filed in the office of the County Recorder of
Sonoma County on June 30, 1976 in Hook 234 of Maps, Pages 32 and
33, Sonoma County Records.
Exhibit A
1061345v1B 80078/0022
STATE OF CALIFORNIA )
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COUNTY OF I_ (� n )
On L�P/J (� , HOC% before me, _mil
the undersigned, personally appeared ter., a �J, �' `St_� < ��!who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
r A. LARDY D
0 QuY COMM. #1775819
Q NOTARY PUBUC�CAUFORNIA
Q MARIN COUNTY Comm. Expires October 25, 2011
STATE OF CALIFORNIA )
ss.
COUNTY OF
On y 0 , 2002, before me,
the undersigned, personally appeared-5 A UJA Q ` , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNES:
Signature
1061345v1B 80078/0022
r A CARDY D
0 COMM. #1775819
NOTARY PUSUC•CIWFORNIA
MARIN COUNTY 0
My Comm. Expires October 25, 2011
STATE OF CALIFORNIA )
) ss.
COUNTY OF �/
On C qy/ 1°7 , 200lbQfore me,
the undersigned, personally appeared �G�� �.�tj v % , who
proved tome on the basis of satisfactory evidence to be the persons) whose n e(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Q A. CARDY
-s COMM. #1775819
NOTARM�BVO AFORNIA Q
MY Comm, E�i—F Ootob0 28, 2011
STATE OF CALIFORNIA )
) ss.
COUNTY OF MG'/ //--, )
On V/ / , 2007, before me, fl �
the undersigned, personally appeared , who
proved to me on the basis of satisfactory evi ence to be the person(s) whose e(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNES;
Signature
1061345x113 avUiaiUULI-
r A. CARDY
0 COMM. #1776819
a�� NOTARY PUBLIC- CALIFORNIA
`l MARIN COUNTY 0
MY Comm. Expires October 25, 2011 -4
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On
200_, before me, _
the undersigned, personally appeared ,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
10613450B 80078/0022